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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48181
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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How would I stand with my current employer if previously I

Resolved Question:

How would I stand with my current employer if previously I had lost my job through gross misconduct in 2012.
In the interview I did not make it clear of the above, nor was I asked any leading question to possibly explaining my work history.
I am being threatened by this being brought to light, how do I stand
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello what questions were you asked that may have revealed that?

Customer: replied 1 year ago.
No questions were asked at the time by the interview panel relating to my working history
Customer: replied 1 year ago.
The threat of raising this is coming from my daughters ex partner
Expert:  Ben Jones replied 1 year ago.

Ok thanks leave it with me please I will reply later this eve thanks

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. Your rights will very much depend on your length of service with the current employer. If you have been employed there for less than 2 years then you will not be protected against unfair dismissal. This means that the employer could dismiss you for more or less any reason and they simply need to issue you with the contractual notice period you are due. So even if you were never asked about your work history and have done nothing wrong at all, they could still potentially dismiss you. Of course there is no guarantee they would look as far as a dismissal but that would be your position if they did decide to dismiss.

If your service was longer than 2 years then you will have protection against unfair dismissal. Therefore the employer has to show that the was a fair reason to dismiss you and also follow a fair procedure. If you were previously dismissed for gross misconduct that does not mean that the current employer can dismiss you, unless you had misled them or lied about this history when joining them. In the circumstances that was not the case and unless you were specifically asked about this history you would not have had to disclose it so you have not really done anything wrong.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have should a dismissal take place, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 1 year ago.

My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. I can then provide the additional informaiton as promised. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.

Thank you. Can you please confirm how long you have worked there for?

Expert:  Ben Jones replied 1 year ago.

Hi sorry I was not around when you accepted the phone call offer. I cannot seem to find a contact number for you, could you please provide that in the secure private message window so I can contact you at some point, thanks